Stj keeps Robinho arrested in Brazil for rape condemnation in Italy

Stj denied an appeal from Robinho’s defense against the decision that authorized the compliance in Brazil of the penalty for the rape he was sentenced to Italy.

The Special Court of the Superior Court of Justice (STJ) denied Wednesday 3 September, unanimously, an appeal of the defense of the former football player Robinho against the decision that authorized respect for 9 years of prison for rape for which he was sentenced to Italy.

The crime occurred in 2013, in a disco in Milan. Robinho was sentenced for raping a woman with friends. The former player is arrested at the Tremembé penitentiary complex in San Paolo.

The defense argued that, even if the authorization for compliance in Brazil is maintained, the sanction should be recalculated based on the Brazilian law, being reduced to 6 years in prison under a semi -open regime.

The refusal of the appeal was voted without debates, since no minister had been highlighted by the case, said the president of the Stj, Minister Herman Benjamin.

Only the rapporteur of the case, Minister Francisco Falcão made a brief comment to warn that “the question was voted three times”, including the Supreme Court (Stf).

Last week, the supreme plenary decided to keep Robinho arrested. The defense of the former player claims that the immigration law, used by the Stj to authorize the transfer of penalty, could not be applied to chance, because it was sanctioned after the crime.

The Supreme Court rejected the topic for 10 votes to 1, based on the justification that the immigration law is not criminal, so it could be back in the case of Robinho.

The ministers Luiz Fux, Alexandre de Moraes, Dias Toffoli, André Mendonça, Cristiano Zanin, Edson Fachin, Cámen Lúcia, Flávio Dino, Luis Roberto Barroso and Nunes Marques have been voted.

The only vote in favor of the granting of freedom to the former player was delivered by Gilmar Mendes. In understanding the minister, Robinho’s arrest could only be performed in Brazil after the end of the possibility of appeals against the Stj decision.

Source: Terra

Rose

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